We the People: Our Civic Responsibility
Materials
• Justice Timeline
• United States vs. Michael J. Fortier Indictment
• Intergovernmental Letter of Understanding
Background/Overview
We the People of the United States, in Order to form a more perfect Union, establishJustice, insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,do ordain and establish this Constitution for the United States of America.
The Preamble to the U.S. Constitution outlines the promiseof a nation that protects the rights of all of its citizens. Theamendments set forth in the Constitution apply to everyAmerican and guarantee their rights and freedoms ascitizens of the United States. It is the responsibility of everyAmerican to help “insure domestic tranquility” by resolvingany disagreements or issues with our government in non-violent ways and to speak out against those that maythreaten our security. Unfortunately, too many times peoplechoose to look the other way and do not do the right thing,and that lack of involvement can prove to have devastatingconsequences, as in the case of the Oklahoma City bombing.
The 1995 Oklahoma City bombing still remains the largestdomestic terrorist attack on American soil, and sadly, could
have been prevented by a single anonymous phone call. Fellow Americans Timothy McVeigh, Terry Nichols andMichael Fortier first met in 1988 at a U.S. Army basic training camp at Fort Benning, Georgia. Over the years, thethree shared their frustrations with the government and its handling of events like Ruby Ridge and Waco and theirheightened fear that their right to bear arms would be taken away. This disillusionment continued and was cultivatedinto a plan masterminded by Timothy McVeigh to blow up a federal building.
Around October 1994, McVeigh told Fortier, and his wife Lori, that he and Nichols were planning to take actionagainst the federal government by blowing up a federal building in response to the 1993 Waco incident. McVeigh
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asked Fortier if he wanted to join them, but Fortier declined to take such action unless his house was beingattacked by the United Nations.
Although Fortier was not an active participate in planning and carrying out the bombing, he did knowingly transportand sell stolen guns to help fund the plan and Lori used her iron to laminate the fake ID used to rent the moving truck.At no point did the Fortiers contact the authorities to report this potential tragedy.
When Fortier was first questioned about the bombing by the FBI on April 21, 1995, he was not cooperative andsaid McVeigh was innocent. Growing concern led the Fortiers to strike a plea with the government. In exchangefor their testimony, Michael was sentenced to 12 years, serving a little more than 10, and Lori was givenimmunity. After his release, Michael and his family went into the witness protection program.
Many were angered by the plea agreement, but Fortier’s testimony was critical in helping convict TimothyMcVeigh and Terry Nichols. Fortier’s statements were corroboratedwith physical evidence which helped build a strong case againstMcVeigh and Nichols. One of the most significant pieces ofinformation obtained from Fortier was the location of the getaway car.In December 1994, Fortier had accompanied McVeigh to OklahomaCity and McVeigh pointed out the Murrah Building as the target for hisbombing plot. On that same visit, they talked about where to park thegetaway car and it was decided the best place would be behind theYMCA building in an alleyway. The key to the moving truck used inthe bombing was found in the same alleyway. Without Fortier’stestimony, a conviction might not have been possible.
The April 19, 1995, bombing of the Alfred P. Murrah Federal Building was not just an attack against the government,it was an attack on all Americans. The whole nation mourned the senseless loss of the 168 men, women, and childrenkilled that day. People from all across the country began lending their support in any way they could to never letthose who were killed be forgotten.
The crusade by Americans to be supportive and united led to the Intergovernmental Letter of Understanding, anagreement between the Murrah Federal Building Memorial Task Force, Oklahoma City Memorial Foundation,and representatives of the City of Oklahoma City, the State of Oklahoma, and the government of the UnitedStates, to work together to build a National Memorial honoring those who were killed, those who survived andthose changed forever. The agreement, signed on October 28, 1996, outlined the responsibilities of eachparticipant to the development and ongoing maintenance of the Memorial. Companies that were involved withthe construction of the Memorial signed a Charter Construction Statement, adopted on November 17, 1998,pledging to treat the project, as well as each other, with respect.
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Objectives
• The students will understand that as American citizens we are all entitled to certain rights under the Constitution.
• The students will realize that as Americans, each of us has a civic responsibility to become involved in matters thatthreaten the security of ourselves and others.
• The students will learn that both actions and inactions have consequences.
Procedure
• Share the United States vs. Michael J. Fortier Indictment and discuss the role Fortier and his wife played in theOklahoma City bombing.
• Review the Justice Timeline and ask the students their thoughts on the differing sentences and if they feel justicewas served for all involved.
• McVeigh, Nichols and Fortier all shared anti-government thoughts, yet as Americans they were guaranteed underthe Sixth Amendment the right to a fair trial. Discuss the irony of the Constitution protecting those who oppose theAmerican government and its values and ideals.
• Discuss the values and principles that Americans share and how they help shape the political culture and civicresponsibilities of Americans.
• The Intergovernmental Letter of Understanding agreement included participants from the Memorial Task Force toall levels all government. Explore other agreements or joint efforts created between city, state and federalgovernments to commemorate an event.
Suggested Activities
• Create an online list of scenarios ranging from witnessing bullying and stealing to being informed about anupcoming crime. Have students answer whether or not they would look the other way or if they would becomeinvolved and speak up. Discuss the results. Are more people willing to get involved if the crime is serious?
• The Constitution was created to help maintain order, fairness, and safety for all Americans. Research countries thatoffer little or no protection to their people and then create either a video or blog describing how your life would bedifferent if you lived in a country where you had no protections. How do the rights you are entitled to as anAmerican compare with the rights in other countries? Do the findings make you proud to be an American? Why orwhy not? Share the finished product with your classmates.
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Justice Timelines
Timothy McVeigh- Federal Trial
August 10, 1995 ...............The United States Government files a Federal Indictment
• Count 1 ...................Conspiracy to use a weapon of mass destruction
• Count 2 ...................Use of a weapon of mass destruction
• Count 3 ...................Destruction by explosive
• Count 4-11 ..............First degree murder of 8 federal agents
October 20, 1995..............Government authorizes prosecutors to seek death penalty.
February 20, 1996 ...........Presiding Judge Richard Matsch moves case to Denver to give McVeigh a fair trial.
April 24, 1997...................Opening statements begin in federal trial.
June 2, 1997 .....................Jury finds McVeigh guilty on all 11 counts.
June 13, 1997 ...................McVeigh is sentenced to death by lethal injection.
June 11, 2001....................McVeigh is executed at the federal prison in Terre Haute, Indiana.
Terry Nichols –Federal Trial
August 10, 1995 ...............The United States Government files a Federal Indictment
• Count 1 ...................Conspiracy to use a weapon of mass destruction
• Count 2 ...................Use of a weapon of mass destruction
• Count 3 ...................Destruction by explosive
• Count 4-11 ..............First degree murder of 8 federal agents
October 20, 1995..............Government authorizes prosecutors to seek death penalty.
February 20, 1996 ...........Presiding Judge Richard Matsch moves case to Denver to give Nichols’ a fair trial.
November 2, 1997 ............Opening statements begin in the federal trial.
December 23, 1997 ...........Nichols is found guilty of conspiracy to use a weapon of mass destruction and eightcounts of involuntary manslaughter in the deaths of the eight federal employees. He isfound not guilty of destruction by explosive and use of a weapon of mass destruction.
January 7, 1998 ...............Jury is deadlocked after spending two days deliberating Nichols’ sentence. JudgeMatsch dismisses the jury, which removes the possibility of the death penalty.
June 4, 1998 .....................Nichols is sentenced to life in prison without the possibility of parole. He will servehis sentence in a maximum security prison in Florence, Colorado.
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Terry Nichols- State Trial
March 29, 1999 ................Oklahoma County District Attorney Bob Macy charges Terry Nichols with 160 countsof first degree murder and one count each of conspiracy to commit murder and aidingin the placing of a bomb against a public building. He is also charged with one countof manslaughter over the death of an unborn child.
September 5, 2001 ...........Oklahoma County District Attorney Wes Lane continues the prosecution of TerryNichols on state charges after Oklahoma County District Attorney Bob Macy retires.
March 22, 2004 ................The state trial begins with Judge Steven Taylor presiding.
May 26, 2004 ....................Nichols is found guilty on all counts.
June 11, 2004....................The jury is deadlocked on sentencing, leaving Judge Taylor to decide the sentenceand removes the possibility of the death penalty.
August 9, 2004 .................Terry Nichols is sentenced to 161 consecutive life terms. He is not eligible for parole.
Nichols is incarcerated at ADX, the United States Penitentiary AdministrativeMaximum, commonly referred to as Supermax, in Florence, Colorado.
Michael Fortier- Plea Agreement
August 8, 1995 .................Michael and Lori Fortier testify before a grand jury.
August 10, 1995 ..............The United States Government files a Federal Indictment
• Count 1 ...................Conspiracy to transport stolen firearms
• Count 2 ...................Transportation of stolen firearms
• Count 3 ...................False statement
• Count 4 ...................Misprision of felony
August 10, 1995 ...............Fortier pleads guilty on all four counts as part of a plea deal, which providedimmunity for his wife, Lori. As part of the deal, both Michael and Lori are required totestify against McVeigh and Nichols in their federal trials.
May 27, 1998 ....................Fortier is sentenced to 12 years in prison and ordered to pay a fine of $200,000.
June 30, 1999 ...................Fortier wins appeal of his sentence.
October 8, 1999................Fortier is resentenced to the same time in prison, 12 years. His fine is adjusted to$75,000.
January 20, 2006 .............Fortier is released from federal prison after serving a little more than 10 years of his12 year sentence. He will be on probation for three years.
Michael Fortier and his family are in the custody of the witness protection program.
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